Stand-downs, suspensions, exclusions and expulsions guidelines – Part 2
About the guidelines
These guidelines:
- are designed to assist school boards, principals, and teachers with their legal options and duties and meet their obligations under relevant statutory requirements, and
- are for use in all state and state-integrated schools.
Independent schools may also wish to adopt this guide.
Please note: The Education and Training Act 2020 has replaced the Education Act 1989. Any references to the Education Act 1989 in the SSEE Guidelines below should be replaced with the relevant sections in the new Education and Training Act 2020. This includes replacing the sections of the Act in the letters in the Good Practice Guidelines Part 2 (refer Appendix).
The guidelines comprise:
Part 1: Legal options and duties [PDF, 2.4 MB]
Part 2: Good practice [PDF, 2.4 MB]
These guidelines replace those published by the Ministry of Education in June 2004 and the 2007 Supplement. The paragraphs have been numbered for ease of use and reference. Cross-references to Part 1 – Legal options and duties are given where relevant.
9. Learning support needs
It can be challenging for schools to manage student behaviour when working with students requiring learning support. Individual Education Plans support schools to work with students, families and sometimes agencies to support students’ access to schooling.
Prior to taking disciplinary action, it may be helpful to consider the following factors:
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Catering for learning support
When managing student behaviour it is important to take into account the student’s viewpoint, and their needs. There may be particular circumstances which have led to the student’s behaviour.
Ask these questions of your school
Have we determined whether any other factors contributed to the student’s behaviour? Emotional triggers? Family factors, peer relationships, health, mental health, trauma or personal tragedy? Special medical conditions? [Refer Part I: Principal’s decision, What part have the student’s individual circumstances played?]
In situations where students require learning support, it is not always easily understood why a student may have behaved in a disruptive way. Has your school met with the family and health professionals to assess the needs of the student and what can you do to meet these needs?
It is important to ensure that all resources have been utilised to support the student. Has your school made appropriate referrals for assistance?
For example:- Resource Teachers: Learning and Behaviour.
- Learning Support Teachers.
- Resource Teachers: Māori.
- Specially trained teachers for students with vision impairments (called Resource Teachers: Vision).
- Teachers who work with children who have hearing impairments (called Resource Teachers: Deaf).
- Public health nurse.
- Other supports in the local community.
Do we need to make a referral to Learning Support for support with behaviour, high health needs, communication issues or complex needs?
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Students requiring learning support who have compromised school rules
In some situations it is not a simple case of students breaking the rules purposefully. It is important for schools to understand students’ needs and put support in place to manage their learning support needs.
Ask these questions of your school
Did we have an Individual Education Plan in place for the student at the time of the incident? Was it being fully supported by school staff and teaching staff at the time the incident occurred?
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Useful links
- The Interim Response Fund Principal’s Manual is managed by the Ministry to assist schools when a student’s behaviour has reached crisis point. Contact your local regional office and ask to speak with the development officer managing the Interim Response Fund.
- Information about Learning support.
- The Ministry of Health website has Education for learners with Autism Guideline(external link) (March 2008), which aims to provide best-evidence guidance for professionals who work with autistic children and adolescents in educational settings..
- The New Zealand Schools Trustees Association (NZSTA)(external link) represents and provides services to boards of trustees across New Zealand. NZSTA provides governance support services, industrial relations and advice free of charge. Boards of trustees can access the NZSTA National Office Trusteeship helpdesk for all matters relating to trusteeship. The Helpdesk is staffed five days a week during office hours, 8:00am to 5:00pm. 0800 STA HELP (0800 782 4357), fax (04) 473 4706, email helpdesk@nzsta.org.nz.
- The Interim Response Fund Principal’s Manual is managed by the Ministry to assist schools when a student’s behaviour has reached crisis point. Contact your local regional office and ask to speak with the development officer managing the Interim Response Fund.
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Example of working with students requiring learning support
Example 1
A six-year-old student diagnosed with autism was non-compliant, aggressive and had frequent ‘meltdowns’ at school. He was on the verge of being excluded from school.
The boy’s father decided to home-school him, but after two terms this was no longer successful. The boy’s paediatrician felt it was essential that he be integrated back into school. A strengthening families meeting was held involving the parents, paediatrician, psychologist, mental health services.
The transition plan was supported by the parents, Learning Support and all outside agencies that were involved. The acting principal considers that the time put in at this early stage sets up for future success.
The student’s transition back into school is proving to be successful as he is now enjoying school. His behaviour is less aggressive and more controlled.